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(영문) 대전지방법원논산지원 2016.07.14 2015가단21946
가등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. B defaulted on November 30, 2015, total of 1,932,748,260 won, including capital gains tax, as of November 30, 2015.

B. On May 14, 2002, the Defendant completed the registration of the right to claim transfer of ownership on May 9, 2002 with respect to the forest land of this case owned by B on May 14, 2002

(The receipt of the Daejeon District Court Delivery Registry No. 7988, hereinafter referred to as the "Provisional Registration of this case").

B is currently insolvent.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 4, Gap evidence 5, and 6's evidence 1 to 3, Gap evidence 7, and the plaintiff's assertion of the purport of the whole pleadings, the defendant did not exercise the right to complete the purchase and sale reservation at the lapse of ten years from May 9, 2002, which is the date of purchase and sale reservation, so the right to complete the sale reservation has expired over the limitation period.

Therefore, upon the plaintiff's subrogation of the right to claim the removal of interference based on the ownership against the defendant in B by making a taxation claim against B as a preserved right, the defendant is obligated to implement the procedure of cancellation registration of the provisional registration in this case to B.

The provisional registration of this case by the defendant is completed to secure loan claims held by the defendant against B, and thus, the right to complete the purchase and sale reservation falls under the provisional registration of collateral price. Thus, the right to complete the sale reservation does not fall under the exclusion period, independent of the secured debt of

Judgment

According to each of the statements and arguments in Eul evidence Nos. 1 through 7, the following purports: (1) B borrowed 30 million won from the defendant on or around May 9, 2002 without any interest agreement, and completed provisional registration of this case on May 14, 2002 in order to secure the above loan obligation; (2) as B was unable to repay the above loan obligation by the payment deadline, the defendant extended the payment period on April 30, 2006 with interest of 10% per annum from May 1, 2003 to the date of full payment; and (3) as B was unable to pay the above loan obligation by the payment deadline; and (4) the defendant was paid with interest of 10% per annum from May 1, 2003 to the date of full payment; and (4) the above obligation until B was due.

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